— Action to recover damages for personal injuries sustained by plaintiff when defendant’s automobile, in which plaintiff was riding as a guest, went off the highway and into a ditch. Appeal No. 1 is by defendant from an order granting plaintiff’s motion for the examination of the defendant before trial. Appeal No. 2 is by defendant from an order denying defendant’s motion for a separate and prior trial of the issues raised by a defense of general release. Both orders affirmed, with one bill of ten dollars costs and disbursements (Romania v. Lamport & Holt, Ltd., 207 App. Div. 861; Fonville v. Irving Poultry Co., Inc., 243 id. 528), the examination of defendant to proceed upon ten days’ notice. Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ., concur.
House v. Scheffler
27 N.Y.S.2d 1002
N.Y. App. Div.1941Check TreatmentAI-generated responses must be verified and are not legal advice.